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Jul 20, 2017

By Mike MacLellan

BC Court of Appeal overturns Trial Judge’s Aggravating Aggravated Damages Award

We can virtually guarantee you that a plaintiff’s wrongful dismissal claim WILL allege that the employee is entitled to aggravated damages.&n...

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Jul 13, 2017

By Kelsey Orth

We Like Your Styles, Alberta Court of Appeal: No Good “Bhasin” for Ignoring Employer’s Bonus Language Upon Termination

You will recall that, in May of this year, CCP’s own Susan Crawford was successful at the Ontario Court of Appeal, when that court upheld the...

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Jul 6, 2017

By Brian Silva

Ontario Court Upholds Termination Provision – Confirms Favourable Shift in Employment Agreement Interpretation for Employers

As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be ...

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Jun 29, 2017

By Angela Wiggins

Gone and Back Again: A Remedy of Reinstatement for Federal Employees

Federal employers should be aware of the risks in terminating employees under the Canada Labour Code. Unlike employers governed by provincial legis...

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Jun 22, 2017

By Andrew Cogswell

Supreme Court Upholds Employee Termination and Substance Abuse Disclosure Policy

Employee drug use and on the job intoxication is one of the most difficult issues for employers to tackle, fraught with liability landmines.  ...

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Jun 15, 2017

By Mike MacLellan

Heads Up! Quebec Court Rules that Sikh Workers’ Human Rights were Not Violated by Mandatory Hard Hat Policy

Quebec Superior Court Justice André Prévost recently dismissed a claim by three Sikh men against their respective employers for refus...

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Jun 8, 2017

By Angela Wiggins

Court Tells Union to Mind its Own Business and Not the Employer’s… (at least sometimes)

Earlier this year the British Columbia Court of Appeal issued a decision that should assist unionized employers dealing with accommodating employee...

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Jun 1, 2017

By Kelsey Orth

New Proposed Labour Legislation is a “No Wynne” for Employers

Earlier this week the Ontario government announced that controversial changes to the province’s labour laws were on the horizon.  While ...

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May 25, 2017

By Brian Silva

When Can an Employer Ask For A Second Medical Opinion When Accommodating A Disability? Ontario’s Divisional Court Weighs In

By now we all know that an employer has a duty to accommodate an employee with a disability to the point of undue hardship. However, we also know t...

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May 18, 2017

By Karen Fields

Ontario Government Releases its “Workplace Violence Prevention in Health Care” Report

On August 20, 2015, we reported on the Ontario Government’s intention to elevate violence prevention for health care workers.  On May ...

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May 11, 2017

By Rob Boswell

Ontario to extend WSIB benefits for Chronic Workplace Stress

Affidavit of Service re transcripts (00110520.DOCX;1) On April 27, 2017, the Ontario Government introduced Bill 127 - the Stronger, Healthier Ontar...

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May 5, 2017

By Angela Wiggins

Court of Appeal Upholds Bonus Limitation Language in Employment Agreement

In a previous CCP blog (click here) we reviewed a trial decision argued on behalf of National Money Mart by one of our partners, Susan Crawford, wh...

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May 4, 2017

By Susan Crawford

You’ve Been Told Your Employment Agreements are Unenforceable, Now What??

Over the last two years, CCP has blogged on a number of lower and appellant level court decisions where termination clauses in employment agreement...

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Apr 27, 2017

By Mike MacLellan

Reference Check Yo’ Self! Ontario Court dismisses defamation claim against former employer for a negative reference

Personal reference checks: that typical last step in the application process that can make or break you.  For one economist, it broke him and ...

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Apr 20, 2017

By Kelsey Orth

Harassment Will (literally) Cost You: Superior Court Decision Affirms Separate Tort of Harassment

In Ontario, the introduction of “Bill 168” – or, more accurately, its subsequent coming into force – ushered in a new era i...

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Apr 13, 2017

By Brian Silva

Timing Is Everything: Court Strikes Wrongful Dismissal Action for Delay – Action Brought Only Nine Months after Employee’s Last Day

Pursuant to Ontario’s Limitations Act, the limitation period, or time limit, for bringing a wrongful dismissal action in Ontario is two years...

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Apr 6, 2017

By Angela Wiggins

It’s so Hard to Say Goodbye - Employers should be Cautious if Terminating a Probationary Employee

Many employers use a probationary period with new employees to assess whether or not a new hire is a good fit for their organization. When an emplo...

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Mar 31, 2017

By Karen Fields

April 1st Deadline for Working at Heights Training Requirements for Construction Projects Extended - for some

April 1, 2017 is the deadline date for workers to be trained on the working at heights (WAH) training requirements as set out in the Occupational H...

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Mar 30, 2017

By Andrew Cogswell

Slow and Steady, Crown wasn’t Ready – OHSA Charges Stayed Due to Delay

In July of 2016 the Supreme Court of Canada revamped the framework around an accused person’s right to a speedy trial in the case R v. Jordan...

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Mar 23, 2017

By Mike MacLellan

T.T.See Ya Later! Arbitrator Upholds Termination of Fare Collector for Uttering Threats

A long-term Toronto Transit Commission employee who was fired for uttering death threats has lost his bid for reinstatement.  We wish this was...

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